The Sun. — London, England, 1810-04-16 00:00:00

This Day wafoublizilied, • In One Volume, Octavo, price tss. THE ECCLESIASTICAL and UNIVERSITY ANNUAL REt;ISTER, for the Yea.' rEg. t -, how for F. C. aucl.l. I;O ; K vington. Si Paul's Church yarct C. aid . Baldwin, New Bridge-street; and I. flat. chard, No. tgz, Piccadilly ; of whom truiy be hart, I, the Ecclesiastical and University Annual Register, for 18c8; 1 )rice 155. z The Ecclesiastical Index, containing a List of the Be. nefices, with their Valuations, Patrons, and Number of Pa rishlonerc, &c. price 7s. 64. PATERSON'S ROADS—IMPROVED. this Day was published, Price tos. 6d. in boards, the Fourteenth Fdition of New and 'accurate DESCRIPTION Of the rt"l. ROADS of ENG LANDand WALES, and I'ART of AND, upon an improved plan ' • so that the Seats, and other remarkable objects, are brought under the eye in the same page with the Roads ; with' 'corred Routes of the Coaches; a comprehensive Map; a Table of the Ile :gins or Mountains, &c. from the . grand Trigonometrical S , ;rtrcy of the Kingdom, by Lieut.. Colonel Mudge; a List of tn, principal Towns, with the Rates of Postage to each, thr A:rival an:i Depacture of the Mails, the Number of 11,1i,c, the Population, &c. &c. The whole improved by every Official Document, and a‘!,:zmet:teci by the aid of Francis Freeling, Esq. Secretary to to :' ,, st-Otfice, and of the Surveyors of the Provincial Dis tßl under ti,e'autlioritV of thePostmaster.General. , By Lient.- - Colciwl PAT RSON, Assi:;tant Quarter -Master-General of his Majesty's forces. `,?l'i l,y gessrs. Longman, Hurst, Rees, and Orme, Pater. ;ko.qer-tow ;' Aid Mr. Fatten, Charing-Cross. MAILS. .Akhte ED-4 Dublin, 4 Waterford. Dus-3 Gottenburgh, t Lisbon, i Cadiz; i Dublin, Waterford. I'RICE OF STOCKS THIS DAY AT - TWALVZ O'CLOCK. Consols THE SUN. SOLEM QUIS DICEItE JALSUM AUDEAT ? L 0 N D 0 N, MONDAY, APRIL 16, 1810. Yesterday some more Dutch Paters arrived, but they contain no news. A Paper has been circulated on the Continent, pm - ; orting to be the confession of the gallant HOFFER, immediately before his ex ecution. It is hardly necessary to say that it is a forgery : it bears upon the face of it such unequi- vocal marks of French fabrication, that it can hardly impose even upon the most credulous. These Papers contain a list of 136 American vessels ,equcstrated in the ports of France, Spain, Holland, and Naples, in the cow se of twelve months. This list is calculated to produce a strong effe& even upon the most violent of the French party in America, they may deprecate a war with their idol BVONA• PUtTE, but they cannot now boast of his stri& re gard to the rights of neutrals. The Opposition PapQrs are pursuing precisely the is ,ine course, in the case of SrT FRANCIS BURDETT, that they do upon most other occasions. They first c fo investigation, and then, withotit waiting for inqui:y, they proceed to pronounce judgment. They rejoice that a great regal and constitutional vestion is about to be solemnly discussed and decid zind at the same moment pronounce, without hesitation, a d'cisive judgment upon the question• We certainly do not mean to enter into a discussion upon this subject at present ; but we cannot help ;:ot t icing a fallacy, which either from accident or de_ si;n, pervades the argument of all those who deny the i i iov.'er of the House of Commons to imprison. They ty, that no man can be imprisoned except by due cotii - $?. of law ; - that a Commitment by the House of Coternons is not a Commitment in due course of law„ and iiietefote that such a Commitment is illegal. i 3 certainly a very compendious mole of set shng the quilition. If the premises in the above roposil ion were hue, the conclnsion, would inevi tahly follow ; but it is not quite fair, in argspneat, to assume the principal point in dispute as granted. .43 ti t !be fallacy which we wished to notice is `this, viz. that of considering the Law of the Land a:.d he Low of 1 2 ;trliament as opposed to each other, lA , hi mt.'s . the Lex et CunporuleParligmeniihas always been considered as a part of the Law of the Land. ,E-; As every Court of Justice' . sa j s PLAwTrzrae, g' hatli laws and customs for its own direction, spnre the PRII and Canon, others their own peculiar Luis wad diatoms, so the High Court of Parliament bath also its own peculiar law, palled. the Lex st Corisuelude parliamenti, a later wl4O Sir Ep- WARD CURE observes, is al d . tnnibus querrpida . a lnultis ignoraia araucs coviata.” But notwith stand.ng this description whic'i COKE has given of the privileges of Parliament, he has not hinted that they are contrary to law. But then it is argued, that these Privileges may be abused, and the liberty of the subject may be endangered. Undoubtedly every discretionary power may be abused; pri vilege as . well as prerogative may be abused; but it would be too much to argue that all the prerogatives of the Crown, and the• privileges of the two Houses of Parliament should be taken away, merely - because they may be abused. It should always be recollected, that the Privi leges of Parliament were establiihed to prevent Parliament from being oppressed by the power of the Crown, and yet the preteided advocates for the rights of the People are those who are most anxious to destroy those Privileges, and thereby to place the popular branch of the Constitution at the mercy of the Crown. The Privileges of Parliament; it. is true, have been and are undefined, and it is necessary, from their very nature, that they should ; for if they were once defined, they would cease to be operative,. tor the purpose for which they, were established. `.` If," says BLACKSTONE, " all the privileges of Parliament were once to be set down and ascertained, and no privilege to be al lowed but what was so defined and determined, it ' were eary for the Executive Power to devise some new case,but net within the line of privilege; and under pretence thereof, thereof, to harass every refractory Member, and violate the free dom of Parliament. The dignity and independ ence of the two Houses are therefore in a great measure preserved, by keeping their privilege in definite." This morning Sir DAVID D UN DAS, the Commander in Chief, reviewed in Hyde Park, all the Corps of. Cavalry now doing duty in L9ndon and its, environs. The line was formed from the garden wall at Kensington, and extended to the bar at Hyde Park Corner. The artillery flanked the right and left. After tile General Offices had passed the line in front and rear, Sir Davin took his station near to the Life Guard Barracks, and the several regiments passed by in squaurons in open or der, the different bands playing military tunes. The . space of gtound was insufficient for any manceuvre.. Most of the Royal Dukes, the Persian Ambassador, and riarly thO,whole, of the Generals in town were present. ladies were very numerous, but prin cipally re mained in their carriages. The whole con cluded at abocut eleven o'clock. Yesterday morning his MAJESTY, Princesses AUGUSTA and SOPHIA, accompanied by Earls CHESTMIFIELD and AYLESFORD, Lady THYNNE, Generals GWYNNE and FITZROY, rode to St. tieolge's Gbapel, Wstalaw, and &ward a bermon Frenched by the Rev. Mr. Lois° ; afterwards re turned to the Palace. • His MAJESTY, Princesses AUGUSTA and SOPHIA, took an airing in Windsor Great Park ; accompanied by Earl CHESTERFIELD, Generals • GWYNNE and FrriaoY, Colonel. TAYLOR, and Lady THYNNE. Saturday mottling arrived at Windsor, on a visit to their MAJESTIES, Earls" CHESTERFIELD and AYLEsFORD. Doors Sir HENRY HALFORD, BAILEY, and DUNDAS, visited Princess AMELIA, and held a con sultation with Dr. POPE,. on Friday, on the state of her Royal Highness's disorder. Saturday. the House of Lords met, for the pur pose of forwarding the Bills on the table; among others was the Local Militia and the Militia Corn pletion Bills. It is reported that Mr. CURRAN is to undertake to plead Sir FRANCIS BURDETT'S cause in the Court of King's Bench. Mr. CURRAN, we believe, was never called to the English Bar, and therefore we doubt whether he be entitled to plead in our Courts. Mr. CURRAN also fills one of the first judicial situa tions in Ireland ; it is not therefore probable that in this instance he will resume the- character of an Advocate, more especially as there are so many Gentlemen at the English Bar quite as competent to condu& the cause as Mr. CutiRAN. Circular letters have beeen issued to the members of the different . volunteer corps in and about the me tropolis, requiring their attendance under arms at their different stations on the day of the Westmin ster Meeting. • Alderman Sir C. PRICE has refused the request of the inhabitants of Farringdon Without, to call a Ward Meeting,' to consider the recent conduct of the.House - ot Commons, alleging that aequiesence would be highly improper. A subscription has been opened at Cambridge, on purpose to present a service of plate to Mr. YORKE, for the discharge of his duty in 'Parliament as their Representative. No sum above 50 guineas nor un der to guineas have been subscribe 4. The King of PRUSSIA, by a Decree of the 26th nit. has opened the ports of Stettin and Konigsburg to ships laden w di colonial produce. . Gentleman writes from Cadiz, dated the 2ed ult. that a plot had that morning been discovered for delivering up the ships in the bay to the enemy. Twenty five of the principal ringleaders have been arrested ; and among them art Officer, who was a few. nights before making signals to the enemy, at the instant a sortie was leaving the town. TAILORS,—On Saturday last we understand about twenty thousand pt this fraternity struck for an in crease of wages. The Gazette of Saturday night contains the' ap pointment of FlE'r/:iY WEST BETTY (the Young R.iscius) to be ( . ;.arnet in the Shropshire Regiment of Yeermnry Cavalry. Sir DAVID DUNDAS, the Commander-in-Chief, remained at his office, in the Horse Guards all the nights of the late disturbances. On Friday Sir I.)AV tr) held a public day at his office, and gave aediences to seyerdl military Officers, This Day was published, price Is. bound. G lIAMMAK of the LATIN TONGUE. For the Use of Schools. By T. lON ES. Author of the Greek Grammar. Printed for Mawman, 22, Poultry. • "1 - 1 , ; , it is vv.:shined, while it is adapted for the use of the most humble learner,• by its simplicity, precision, and hrevity, is, at the same time, calculated to interest the Philosophical Teacher, by the novelty and solidity of its principles. This Day was published, Handsomely printed, in Seven Vols. 0 davo, and an Eighth in t2,!arro, containing Maps, Plans, Views, and Coins, ill us tr ttive of the Geography and Antiquities of Ancient rcece. A Ne , Edition being the Fourth, price 41. 4s. in hoards, of 'V LE TRAVELS of ANACHARSIS the YOUNG ER in Greece, during the Middle of the y cur century, before the Christian /Era; translated from - ti , e F -nit of the late Abbe Barthelemy. To which are preli 1, M emnirs of the Life of .1. Barthelemy, written by .e f. in 179 z and 1793 ; with a Portrait of the Author. *** This Edition has been carefully revised and corrod e,' '-‘,. the late Pads Edition, published from a Copy in wl , i , h the late' Abbe Barthelemy had made numerous Cor.. rec.'ioas and .Additions with his own hard. • ts.. d. A few Copies are printed on Superfine Royal Paper. and wilt be sold, with Proof Impressions of the Plates and Mips, price 61. 6s. hoards. Printed to 1. IVlawman, T. Payne ; G. Robinson ; Ca dell and Davies ; Longman, Hurst, Recs, and Orme ; I. an.i A. Arch ; lohn Richardson • lames Richardson ; Lack ingroit, Allen, and Co. ; and 1. cohnson and Co. NAVAL NEWS: PORTSMOUTH, APRIL 15.—... His Majesty's ship Scylla is appointed convoy to Newfoundland' instead of the Avenger. His Majesty's ship Savage takes convoy to ships bound to the Westward, as far as Plymouth. Sailed yesterday his Majesty's ship Racehorse with the following homeward-bound Indiamen from the Downs, viz. Boyne, Providence, Union, General Stewart, and barren Hastings, and Louisa. Came in his Majesty's ship Hope, with a French privateer, her prize, from a cruize ; also the Lark, PALMER; Crescent, HASKETT, and Truelove, DA— iris, from London; and the Bartara, Ossotiabt, from the Westward, for Newfoundland. Sailed his Majesty's ship Furious, with about thirty sail for the Downs; also the Commerce, RUNDS, lait from Gibraltar. Arrived this day his Majesty's ship Port Mahon, from Guernsey,. Pilot from Lisbon, and Leveret from Falmouth. This day sailed his Majesty's ship Coquette for off Cherbourgh, .Niobe and Hope for a cruize, and Rose for filo Down.. This evening three convoys from the Westward passed the Isle of Wight, for' the Eastward ; not a ship having come in, it is not known from whence they came. PLYMOUTH, APRIL 12.—Arrived and sailed again his Majesty's ship Helena . Arrived the Commerce, FooT; and Mario, DA- YARD, from London ; the Ann, VITTERY, from Neath ; and the John and William, HARRISON, from Newhaven. Sailed the American ship Canton, WIC HAM, fur Cadiz. APRIL 13.—Arrived the Dart, JARMOND, from Neath ; and the Joseph. and Mary, RICRARDS, from Swansea. . Sailed the Reliance, ARMSTRONG, for the Bay of Honduras. Came down and anchored in the Sound, his Ma jesty's ships Narcissus and Plover, the former from Hamoaze, the latter from Barnpool. APRIL 14.—Sailed the Adrian hired cutter, for Rochefort ; the eazle hired schooner, for Dart mouth ; the Ephera brig, with the John transport under convoy, for Lisbon ; the Favourite cutter, with a convoy of merchantmen, to the East ward ; the French brig L'Epervicr ; the Pursuit, CHIVER3 ; Hopewell, HYMAN ; Cumberland, PARKER ; Stert, COUTH ; Flora, LAVIS and London, OLDEEIVE, for t 11;..nr Arrived the Betsey, JENKINS. from Waterford. Orders were received here on Thursday from the Admiralty, for a swift-sailing cutter or other vessel, to prepare to sail for America, and from thence to the Island of Sombrero, and all the other West India Islands, to search for and endeavour to ascer tain the fate of JEFFEKY, the seaman belonging to the Recruit sloop, who was set on shore on the above-named Island of Sombrero. The persons who go out in her are ordered to have the unfortu nate man advertised in all the American and West India Papers, and to be very minute in their search on the island, to ascertain whether any of his bones or other vestige remains. Lunt, APRIL l3.—The Elizabeth and Julie , DIDRICKSON, from Riga, sailed from Cariscrona on the 3d curt. and arrived here on the gth, making this run in less than six days. The Jonge Johanna, BUSCH, master, from Am sterdam, from Newcastle, in consequence of bad weather ; having sprung a leak at sea, and scarcely to be kept from sinking, was run on shore on the 28th ult. ne:q Warkworth. The crew, consisting of four men, for the preservation of their lives, took to their boat, but from the violence of the sea it overset, and three men .unfortunately perished. The master had the good fortune to gain the bottom of the boat, whence he was rescued by the fishermen of Haux ley, who came timely to his assistance with a cable. On the 24th ult. LUKE PEARSON master, and two men, belonging to the Harriet of Sunderland, were drowned by the boat upsetting, in passing from Portsmouth to Spithead. About a week .before, ANTHONY' WEALANDS, master, and two boys be longing to the Endeavour, of Sunderland, were drowned in the same manner and at the same place. By a vessel arrived here on Wednesday, in 3g hours from Shetland, we understand, the Experiment Greenlandman, of London, is lost. FALMOUTH, APRIL 12.—Sailed the Humber arm ed ship on a cruize. Arrived tlle Redpole sloop of war from Lisbon, last from Penzance. SHBEIMESS,. APRIL 14.—Sai,19ci his Majesty's ship Martial, with a convoy for Heli&oland. The next will sail about 22d inst. All ships bound to Gottenburgh will sail this evening, or to-morrow morning, under convoy of the Cruiser sloop of war. DEAL, APRIL 15.-Put back by adverse winds_ szvcrA of the outward-bound. Came down from the River his 111ajesty't Nymphen. Sailed the Briseis sloop of war on a croize (if Arrived the Furious and Proteblor gun-brigs with the homeward-bound East India fleet under contoy, and are sailed for the River ; also a large fleet of coasters for different destination. About twenty sail of vessels from the River, arc now (five o'clock), working through the Gulls. The trade bound to the Baltic dire& will not sail until the 22d ins,ant. ATTORNEY-GENERAL's OPINION UPON SIR FRANCIS BURDETT's ARREST.- Query : • Tire Serjeant at Arms attending the Douse of t Commons having in the execution Of this Wal la % beer' resisted, and turned out of Sir Francis Burde tt private dwelling-house by force, Your opinion is desired, whether in the execution of this Warrant he will he justified in breaking ,°, lle , the ce ter or any inner door of the private dweirwb house of Sir Francis Burdett, or et any other person, in which there is reasonable cause to suspect he 1 ' concealed, for the purpose of apprehending hie< And whether he may take to his assistance a cient civil or military fur that purpose, such force acting under the direction of a Civil Magistrate.'' Ana whether such proceedings will be justifiable' during the night as well as in the day-time ? Opinion "- No instance is stated to me, and I pressi„ that cone is to be found, in which the outs r ckx lr ".,, a house has been broken open under the Spail;er Warrant for the purpose of apprehending the prr sg : against whom such Warrant issued then bring therein. I must, therefore, form my opinion j l . 4 °' gether upon cases which have arisen 'pun the el e ; cution of Writs or Warrants issuing from c' be Courts, and which seem to fall within the sam e/ principle. " I find it laid down in Semayne's case, 3 Co. 9/* that wriere the. King is a p :rty, the Sheriff al break open the Defendant's house, either to merest hum or to do other execution of the King's i ro.ess;r of otherwise, he cannot enter. So if the Defend ant "be in the house of any other man, the Sheriff al do the same ; but he cannot break into the house the Defendant in the execution of any process at the . suit of an individual. This distinction proceeds , s i f I apprehend, upon the greater importacce the enforcing the process of the Crown for LB' public benefit, than that of individuals for the support of their private rights. Reasoning year- hence, I should think that the Speaker's Wl' rant, which . had issued to apprehend a tro t ! under sentence of commitment for a Breach of the Privileges of the House of Commons, might he ecuted in the same manner with criminal process the name of the King, inasmuch as those Privileg" . were given to the House of Commons for the b nett of the public only ; and the public are in te c i rested in the due support of them. .It the act b..% been done, and I were asked whether it could defended, I should say that it could ; but where it is previously known that the execution of the Wa,,," rant will be resisted by f o rc e , an d if d ea th show ensue in such a contlitl, the Officer who executes the Warrant would stand justified, or not, as the' breaking of the house may be. held law ml or ful. I feel myself obliged to bring this under in notice, leaving him to judge for himself whether : win venture to aft ueon my opinion, which 11 83 tl direct autherity in point to support it, but rCs; .tipon reasoning from other c ases, whi c h app z'r , t e me to fall within the same principle. Should , Officer resolve to break into the house, if it 11° A , found necessary, he must be careful, first . , to the cause of his coming, and make request to 0 117 4 the doors, and not use any three until it appears t' l : e those within will not comply, and he s h o uld be P' et " sured that the ~arty whom he seeks to a pprehe n is within the hcrise, For the pur, o:e of execnti r l d the Warrant, he may take with him a sufficient to' C or such description as the nar ere ot the c a s e 'crld' r 5 e , necessary. It he has reason ,! ath ~ of resistance, which can only be . (-pelt:2d by a ti t ; tary force, he may take su c h for ce w i t h hr.!) ; in this case it will be !.prudent to take with him • o ' s " a Civil 11 , lagistrate. " I do not think it advisable to executethe 17011..4 rant in the night. Sir " The Officer should understand, that when Francis Burden has once been arrested, it he , :v 0 ; vv wards effects his escape, or is rescued, his house, or the house of any other person into he retreats, may be broken for the purpose 01 re taking him. " Lincoln's Inn, 3." " V. Gino. HYDE PARK. This charming place was yesterday visited by all the Fashionables of Westminster, as well 34 a no , merous assemblage of v is i tors fr om th e E ast • e .'d o f the town. At four o'clock the line of carriage' from Kensington Gardens to Hy le Park Corne r were four in breadth ; the concourse of tqiiestr.an ° was numerous in proportion. Her Royal Hlghnes° the Princess CHARLOTTE Of WALES, attended bf the Dowager'Lady Da CLIrFORD, and to o of hi ° Serene Highness the Duke of BRUNSWICK'S son° came down the ride at tour o'clock, in a yell°l landau and four, with two out-raters. The Earl 0 SEFTON, Lord. HAWKE, Captain MAR, and M r° BUXTON, drove four-in-hand. The carriages were sci thick, they were constantly clastiing itti each other, and it was with dif4 , idly some of their were disentangled. Alpo! g the mos t riegarir eqtv ° pages were those of the Dlici)ess of DEvoNstiflis' the Marchionesses of SALISBURY, BUCKINGHAI and DOWNSIIIRE. and Countesses NELSON, CaS ° gBN, and BARRYMORE. The Conscription Liw has been intro(!nced the Danish states, al,d b,) a Royal D cree tlie , Rvir are in future to be included in all military levies..